MD
Maryland Senate Bill SB167

Maryland 2023 Regular Session

Maryland Senate Bill SB167 Compare Versions

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1- WES MOORE, Governor Ch. 548
21
3-– 1 –
4-Chapter 548
5-(Senate Bill 167)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0167*
89
9-Maryland State Arts Council – Funding
10+SENATE BILL 167
11+B1, P1, Q7 3lr1086
12+SB 377/16 – B&T
13+By: Senators Elfreth, Beidle, Gile, Griffith, Guzzone, and Hettleman Hettleman,
14+Benson, Jackson, King, McCray, Rosapepe, and Zucker
15+Introduced and read first time: January 19, 2023
16+Assigned to: Budget and Taxation
17+Committee Report: Favorable with amendments
18+Senate action: Adopted with floor amendments
19+Read second time: February 22, 2023
1020
11-FOR the purpose of altering clarifying the calculation for certain funding for the Maryland
12-State Arts Council for certain fiscal years; repealing a certain requirement for
13-certain funds distributed to the Maryland State Arts Council to be included in the
14-Council’s prior fiscal year appropriation; and generally relating to the Maryland
15-State Arts Council and the State admissions and amusement tax.
21+CHAPTER ______
1622
17-BY repealing and reenacting, with amendments,
18- Article – State Finance and Procurement
19-Section 7–325
20- Annotated Code of Maryland
21- (2021 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
2224
23-BY repealing and reenacting, without amendments,
24- Article – Tax – General
25-Section 2–202
26- Annotated Code of Maryland
27- (2022 Replacement Volume)
25+Maryland State Arts Council – Funding 2
2826
29-BY repealing
30- Chapter 145 of the Acts of the General Assembly of 2016, as amended by Chapter 23
31- of the Acts of the General Assembly of 2017
32- Section 2
27+FOR the purpose of altering clarifying the calculation for certain funding for the Maryland 3
28+State Arts Council for certain fiscal years; repealing a certain requirement for 4
29+certain funds distributed to the Maryland State Arts Council to be included in the 5
30+Council’s prior fiscal year appropriation; and generally relating to the Maryland 6
31+State Arts Council and the State admissions and amusement tax. 7
3332
34- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
35-That the Laws of Maryland read as follows:
33+BY repealing and reenacting, with amendments, 8
34+ Article – State Finance and Procurement 9
35+Section 7–325 10
36+ Annotated Code of Maryland 11
37+ (2021 Replacement Volume and 2022 Supplement) 12
3638
37-Article – State Finance and Procurement
39+BY repealing and reenacting, without amendments, 13
40+ Article – Tax – General 14
41+Section 2–202 15
42+ Annotated Code of Maryland 16
43+ (2022 Replacement Volume) 17
3844
39-7–325.
45+BY repealing 18
46+ Chapter 145 of the Acts of the General Assembly of 2016, as amended by Chapter 23 19
47+ of the Acts of the General Assembly of 2017 20
48+ Section 2 21 2 SENATE BILL 167
4049
41- (a) (1) IN THIS SECTION , “COUNCIL” MEANS THE MARYLAND STATE
42-ARTS COUNCIL THE FOLLOWING WORDS HAVE THE MEANINGS IN DICATED.
4350
44- (2) “COUNCIL” MEANS THE MARYLAND STATE ARTS COUNCIL.
4551
46- (3) “GENERAL FUND GROWTH A DJUSTMENT ” MEANS THE
47-PERCENTAGE BY WHICH THE PROJECTED TOTAL GENERAL FUND REVENUES FOR
48-THE UPCOMING FISCAL YEAR EXCEED THE REVI SED ESTIMATE OF TOTA L GENERAL Ch. 548 2023 LAWS OF MARYLAND
4952
50-– 2 –
51-FUND REVENUES FOR THE CURRENT FISCAL YEAR , AS CONTAINED IN THE REPORT
52-OF ESTIMATED STATE REVENUES SUBMIT TED BY THE BOARD OF REVENUE
53-ESTIMATES TO THE GOVERNOR UNDER § 6–106(B) OF THIS ARTICLE.
53+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
54+That the Laws of Maryland read as follows: 2
5455
55- (B) (1) [In each of fiscal years 2011 and 2012, the Governor shall include in the
56-annual budget bill submitted to the General Assembly a General Fund appropriation for
57-the Maryland State Arts Council of not less than $13,298,434.
56+Article – State Finance and Procurement 3
5857
59- (2) For] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , FOR FOR
60-fiscal [year 2013 and each fiscal year thereafter] YEARS 2013 THROUGH 2024, the
61-Governor shall include in the annual budget bill [submitted to the General Assembly] a
62-General Fund appropriation for the [Maryland State Arts] Council in an amount not less
63-than the amount of the General Fund appropriation for the Council [as approved in the
64-State budget as enacted by the General Assembly] for the [prior] IMMEDIATELY
65-PRECEDING fiscal year INCREASED BY THE GENERAL FUND GROWTH ADJUSTMENT [,].
58+7–325. 4
6659
67- (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , FOR FOR
68-FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE GOVERNOR SHALL
69-INCLUDE IN THE ANNUA L BUDGET BILL A GENERAL FUND APPROPRIATION FO R THE
70-COUNCIL IN AN AMOUNT NOT LESS THAN THE SUM OF RESULT OF THE FOLLOW ING
71-CALCULATION :
60+ (a) (1) IN THIS SECTION , “COUNCIL” MEANS THE MARYLAND STATE 5
61+ARTS COUNCIL THE FOLLOWING WORDS HAVE THE MEANINGS IN DICATED. 6
7262
73- (I) ANY FUNDS DISTRIBUTE D TO THE COUNCIL IN THE
74-IMMEDIATELY PRECEDIN G FISCAL YEAR IN ACCORDANCE WITH § 2–202 OF THE TAX
75-– GENERAL ARTICLE; AND INCREASED BY THE GEN ERAL FUND GROWTH
76-ADJUSTMENT ; PLUS
63+ (2) “COUNCIL” MEANS THE MARYLAND STATE ARTS COUNCIL. 7
7764
78- (II) THE AMOUNT OF THE GENERAL FUND APPROPRIATION FO R
79-THE COUNCIL FOR THE IMMEDIATELY PRECEDIN G FISCAL YEAR INCREASED BY THE
80-GENERAL FUND GROWTH ADJUSTMENT ; MINUS
65+ (3) “GENERAL FUND GROWTH A DJUSTMENT ” MEANS THE 8
66+PERCENTAGE BY WHICH THE PROJECTED TOTAL GENERAL FUND REVENUES FOR 9
67+THE UPCOMING FISCAL YEAR EXCEED THE REVI SED ESTIMATE OF TOTA L GENERAL 10
68+FUND REVENUES FOR THE CURRENT FISCAL YEAR , AS CONTAINED IN TH E REPORT 11
69+OF ESTIMATED STATE REVENUES SUBMIT TED BY THE BOARD OF REVENUE 12
70+ESTIMATES TO THE GOVERNOR UNDER § 6–106(B) OF THIS ARTICLE. 13
8171
82- (III) THE AMOUNT OF FUNDS DISTRIBUTED TO THE COUNCIL IN
83-THE IMMEDIATELY PREC EDING FISCAL YEAR IN ACCORDANCE WITH § 2–202 OF THE
84-TAX – GENERAL ARTICLE.
72+ (B) (1) [In each of fiscal years 2011 and 2012, the Governor shall include in the 14
73+annual budget bill submitted to the General Assembly a General Fund appropriation for 15
74+the Maryland State Arts Council of not less than $13,298,434. 16
8575
86- (3) THE AMOUNTS CALCULATED UNDER PARAGRAPH S (1) AND (2) OF
87-THIS SUBSECTION SHALL BE increased by not less than the percentage by which the
88-projected total General Fund revenues for the upcoming fiscal year exceed the revised
89-estimate of total General Fund revenues for the current fiscal year, as contained in the
90-report of estimated State revenues submitted by the Board of Revenue Estimates to the
91-Governor under § 6–106(b) of this article.
92- WES MOORE, Governor Ch. 548
76+ (2) For] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , FOR FOR 17
77+fiscal [year 2013 and each fiscal year thereafter] YEARS 2013 THROUGH 2024, the 18
78+Governor shall include in the annual budget bill [submitted to the General Assembly] a 19
79+General Fund appropriation for the [Maryland State Arts] Council in an amount not less 20
80+than the amount of the General Fund appropriation for the Council [as approved in the 21
81+State budget as enacted by the General Assembly] for the [prior] IMMEDIATELY 22
82+PRECEDING fiscal year INCREASED BY THE GEN ERAL FUND GROWTH ADJ USTMENT[,]. 23
9383
94-– 3 –
95- [(b)] (C) The Legislative Auditor has the authority to conduct a review or audit
96-of any recipient of a grant from the [Maryland State Arts] Council.
84+ (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , FOR FOR 24
85+FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE GOVERNOR SHALL 25
86+INCLUDE IN THE ANNUA L BUDGET BILL A GENERAL FUND APPROPRIATION FO R THE 26
87+COUNCIL IN AN AMOUNT NOT LESS THAN THE SUM OF RESULT OF THE FOLLOW ING 27
88+CALCULATION : 28
9789
98-Article – Tax – General
90+ (I) ANY FUNDS DISTRIBUTE D TO THE COUNCIL IN THE 29
91+IMMEDIATELY PRECEDIN G FISCAL YEAR IN ACCORDANCE WITH § 2–202 OF THE TAX 30
92+– GENERAL ARTICLE; AND INCREASED BY THE GEN ERAL FUND GROWTH 31
93+ADJUSTMENT ; PLUS 32
94+ SENATE BILL 167 3
9995
100-2–202.
10196
102- (a) After making the distribution required under § 2–201 of this subtitle, within
103-20 days after the end of each quarter, the Comptroller shall distribute:
97+ (II) THE AMOUNT OF THE GENERAL FUND APPROPRIATION FO R 1
98+THE COUNCIL FOR THE IMMEDIATELY PRECEDIN G FISCAL YEAR INCREASED BY THE 2
99+GENERAL FUND GROWTH ADJUSTMENT ; MINUS 3
104100
105- (1) except as provided in subsections (b) and (c) of this section, from the
106-revenue from the State admissions and amusement tax on electronic bingo and electronic
107-tip jars under § 4–102(e) of this article:
101+ (III) THE AMOUNT OF FUNDS DISTRIBUTED TO THE COUNCIL IN 4
102+THE IMMEDIATELY PREC EDING FISCAL YEAR IN ACCORDANCE WITH § 2–202 OF THE 5
103+TAX – GENERAL ARTICLE. 6
108104
109- (i) for fiscal year 2021 and each fiscal year thereafter, the revenue
110-attributable to a tax rate of 20% to the Maryland E–Nnovation Initiative Fund under §
111-6–604 of the Economic Development Article; and
105+ (3) THE AMOUNTS CALCULATED UNDER PARAGRAPH S (1) AND (2) OF 7
106+THIS SUBSECTION SHALL BE increased by not less than the percentage by which the 8
107+projected total General Fund revenues for the upcoming fiscal year exceed the revised 9
108+estimate of total General Fund revenues for the current fiscal year, as contained in the 10
109+report of estimated State revenues submitted by the Board of Revenue Estimates to the 11
110+Governor under § 6–106(b) of this article. 12
112111
113- (ii) for fiscal year 2021 and each fiscal year thereafter, the revenue
114-attributable to a tax rate of 5% as follows:
112+ [(b)] (C) The Legislative Auditor has the authority to conduct a review or audit 13
113+of any recipient of a grant from the [Maryland State Arts] Council. 14
115114
116- 1. to the Maryland State Arts Council, as provided in § 4–512
117-of the Economic Development Article, $1,000,000 in each fiscal year;
115+Article – Tax – General 15
118116
119- 2. to the Town of Chesapeake Beach, $300,000 in each fiscal
120-year;
117+2–202. 16
121118
122- 3. to the Michael Erin Busch Sports Fund established under
123-§ 10–612.2 of the Economic Development Article, $500,000 in each fiscal year; and
119+ (a) After making the distribution required under § 2–201 of this subtitle, within 17
120+20 days after the end of each quarter, the Comptroller shall distribute: 18
124121
125- 4. the remainder to the Special Fund for Preservation of
126-Cultural Arts in Maryland, as provided in § 4–801 of the Economic Development Article;
127-and
122+ (1) except as provided in subsections (b) and (c) of this section, from the 19
123+revenue from the State admissions and amusement tax on electronic bingo and electronic 20
124+tip jars under § 4–102(e) of this article: 21
128125
129- (2) the remaining admissions and amusement tax revenue:
126+ (i) for fiscal year 2021 and each fiscal year thereafter, the revenue 22
127+attributable to a tax rate of 20% to the Maryland E–Nnovation Initiative Fund under § 23
128+6–604 of the Economic Development Article; and 24
130129
131- (i) to the Maryland Stadium Authority, county, or municipal
132-corporation that is the source of the revenue; or
130+ (ii) for fiscal year 2021 and each fiscal year thereafter, the revenue 25
131+attributable to a tax rate of 5% as follows: 26
133132
134- (ii) if the Maryland Stadium Authority and also a county or
135-municipal corporation tax a reduced charge or free admission:
133+ 1. to the Maryland State Arts Council, as provided in § 4–512 27
134+of the Economic Development Article, $1,000,000 in each fiscal year; 28
136135
137- 1. 80% of that revenue to the Authority; and
136+ 2. to the Town of Chesapeake Beach, $300,000 in each fiscal 29
137+year; 30
138138
139- 2. 20% to the county or municipal corporation.
140- Ch. 548 2023 LAWS OF MARYLAND
139+ 3. to the Michael Erin Busch Sports Fund established under 31
140+§ 10–612.2 of the Economic Development Article, $500,000 in each fiscal year; and 32
141+ 4 SENATE BILL 167
141142
142-– 4 –
143- (b) (1) Subject to paragraph (2) of this subsection, from the revenue from the
144-State admissions and amusement tax on electronic bingo and electronic tip jars in Calvert
145-County under § 4–102(e) of this article, the Comptroller shall distribute from:
146143
147- (i) the revenue attributable to a tax rate of 1.5%:
144+ 4. the remainder to the Special Fund for Preservation of 1
145+Cultural Arts in Maryland, as provided in § 4–801 of the Economic Development Article; 2
146+and 3
148147
149- 1. $50,000 to the Boys and Girls Club of the Town of North
150-Beach; and
148+ (2) the remaining admissions and amusement tax revenue: 4
151149
152- 2. the remainder to the Town of North Beach;
150+ (i) to the Maryland Stadium Authority, county, or municipal 5
151+corporation that is the source of the revenue; or 6
153152
154- (ii) the revenue attributable to a tax rate of 2.5% to the Town of
155-Chesapeake Beach; and
153+ (ii) if the Maryland Stadium Authority and a lso a county or 7
154+municipal corporation tax a reduced charge or free admission: 8
156155
157- (iii) the revenue attributable to a tax rate of 4% to the Calvert County
158-Youth Recreational Opportunities Fund under Title 5, Subtitle 19 of the Natural Resources
159-Article.
156+ 1. 80% of that revenue to the Authority; and 9
160157
161- (2) Funds required to be distributed to the entities in paragraph (1) of this
162-subsection shall be provided through an appropriation in the annual State budget under
163-budget code A15O00.03 Payments to Civil Divisions of the State.
158+ 2. 20% to the county or municipal corporation. 10
164159
165- (c) From the revenue attributable to a tax rate of 5% to be distributed to the
166-Special Fund for Preservation of Cultural Arts in Maryland or the Maryland State Arts
167-Council under subsection (a)(1)(ii) of this section, the Comptroller shall distribute:
160+ (b) (1) Subject to paragraph (2) of this subsection, from the revenue from the 11
161+State admissions and amusement tax on electronic bingo and electronic tip jars in Calvert 12
162+County under § 4–102(e) of this article, the Comptroller shall distribute from: 13
168163
169- (1) for fiscal year 2019 and each fiscal year thereafter, $250,000 to the Arts
170-Council of Anne Arundel County; and
164+ (i) the revenue attributable to a tax rate of 1.5%: 14
171165
172- (2) for fiscal year 2020 and each fiscal year thereafter, $250,000 to the
173-Maryland Historical Society.
166+ 1. $50,000 to the Boys and Girls Club of the Town of North 15
167+Beach; and 16
174168
175-Chapter 145 of the Acts of 2016, as amended by Chapter 23 of the Acts of 2017
169+ 2. the remainder to the Town of North Beach; 17
176170
177- [SECTION 2. AND BE IT FURTHER ENACTED, That any funds distributed to the
178-Maryland State Arts Council in accordance with § 2–202 of the Tax – General Article as
179-enacted in this Act shall be included in the Maryland State Arts Council’s prior fiscal year
180-appropriation in addition to the amount of the General Fund appropriation for the prior
181-fiscal year and the sum shall be used for purposes of calculating the required appropriation
182-under § 7–325 of the State Finance and Procurement Article.]
171+ (ii) the revenue attributable to a tax rate of 2.5% to the Town of 18
172+Chesapeake Beach; and 19
183173
184- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
185-1, 2023.
174+ (iii) the revenue attributable to a tax rate of 4% to the Calvert County 20
175+Youth Recreational Opportunities Fund under Title 5, Subtitle 19 of the Natural Resources 21
176+Article. 22
186177
187-Approved by the Governor, May 8, 2023.
178+ (2) Funds required to be distributed to the entities in paragraph (1) of this 23
179+subsection shall be provided through an appropriation in the annual State budget under 24
180+budget code A15O00.03 Payments to Civil Divisions of the State. 25
181+
182+ (c) From the revenue attributable to a tax rate of 5% to be distributed to the 26
183+Special Fund for Preservation of Cultural Arts in Maryland or the Maryland State Arts 27
184+Council under subsection (a)(1)(ii) of this section, the Comptroller shall distribute: 28
185+
186+ (1) for fiscal year 2019 and each fiscal year thereafter, $250,000 to the Arts 29
187+Council of Anne Arundel County; and 30
188+
189+ (2) for fiscal year 2020 and each fiscal year thereafter, $250,000 to the 31
190+Maryland Historical Society. 32 SENATE BILL 167 5
191+
192+
193+
194+Chapter 145 of the Acts of 2016, as amended by Chapter 23 of the Acts of 2017 1
195+
196+ [SECTION 2. AND BE IT FURTHER ENACTED, That any funds distributed to the 2
197+Maryland State Arts Council in accordance with § 2–202 of the Tax – General Article as 3
198+enacted in this Act shall be included in the Maryland State Arts Council’s prior fiscal year 4
199+appropriation in addition to the amount of the General Fund appropriation for the prior 5
200+fiscal year and the sum shall be used for purposes of calculating the required appropriation 6
201+under § 7–325 of the State Finance and Procurement Article.] 7
202+
203+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
204+1, 2023. 9
205+
206+
207+
208+Approved:
209+________________________________________________________________________________
210+ Governor.
211+________________________________________________________________________________
212+ President of the Senate.
213+________________________________________________________________________________
214+ Speaker of the House of Delegates.